USA v. 2005 Ford F-150 SuperCrew XLT, VIN: 1FTPW14545KE80841

Filing 14

ORDER THIS MATTER is before the Court sua sponte regarding the Parties Consent to the Exercise of Jurisdiction by a United States Magistrate Judge ECF No. 11 . Since the required conditions for such consent jurisdiction to a part-time magistrate judge do not exist in this case, I must vacate the Order of Reference ECF No. 12 predicated on the Consent ECF No. 11 . Accordingly, I will remain as the presiding judge on this matter, and Magistrate Judge Gallagher will remain as the magistrate judge on the matter, but without consent jurisdiction, by Judge Wiley Y. Daniel on 1/12/2016. (evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 15-cv-2296-WYD-GPG
UNITED STATES OF AMERICA
Plaintiff,
v.
2005 FORD F-150 SUPERCREW XLT, VIN: 1FTPW14545KE80841
Defendant.
___________________________________________________________________
ORDER
__________________________________________________________________
THIS MATTER is before the Court sua sponte regarding the Parties’ Consent to
the Exercise of Jurisdiction by a United States Magistrate Judge (ECF No. 11). This
Court ordered that the above action be referred to part-time Magistrate Judge Gordon
P. Gallagher on December 8, 2015.

However, the statute governing consent

jurisdiction, 28 U.S.C. § 636(c), indicates that consent jurisdiction for a part-time
magistrate judge is only appropriate upon the consent of the parties, if the chief judge of
the district court certifies that a full-time magistrate judge is not reasonably available,
and the assignment to the part-time magistrate judge is designated by concurrence of
the majority of all the judges of the district court.
Since the required conditions for such consent jurisdiction to a part-time
magistrate judge do not exist in this case, I must vacate the Order of Reference (ECF
No. 12) predicated on the Consent (ECF No. 11). Accordingly, I will remain as the

presiding judge on this matter, and Magistrate Judge Gallagher will remain as the
magistrate judge on the matter, but without consent jurisdiction.
Dated: January 12, 2016
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge

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